Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act
Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act

Author(s): Iulian Nedelcu
Subject(s): Public Administration, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; Law no. 554/2004 on administrative litigations; unjustified refusal; the theory of absence and the relationship between nullity and revocability;
Summary/Abstract: The normative acts from the last period confirm the thesis according to which the silence of the administration signifies a tacit authorization. The doctrine expresses also the opinion according to which the refusal to settle, that is the unjustified refusal, and the silence of the administration would have the meaning only of “facts assimilated to administrative acts”. According to Law 554/2004 on administrative litigations, the concept of administrative act is extended compared to its ordinary meaning; within this concept, next to the unilateral express manifestation of will (the typical administrative act), the law introduces also the silence of the administration, respectively the unjustified refusal (the atypical administrative acts). It should be noted that not all refusals to solve a request according the petitioner’s will can be qualified as an unjustified refusal, but only when the refusal is an abuse, meaning in fact the excess of power of the administration over the person requesting the satisfaction of a legitimate interest. In administrative law, there have been discussions about the admission or not of the theory of absolute and relative nullities; the admission or not of the theory of annulment; the admission or not of the theory of non-existence and the relationship between nullity and revocability.

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